When a driver speeds through a council-owned car park, access road, or shared space, it’s easy to treat it as just another public nuisance. But what many councils underestimate is how deeply that one careless action can ripple through their legal exposure, insurance premiums, and long-term infrastructure responsibilities.
Even minor incidents such as a near-miss in a community centre car park or a scraped wheel near a footpath can escalate into significant legal claims, public backlash, and reputational damage.
It’s important to know how unmanaged vehicle speeds contribute to liability risk. Below is an outline of the proactive steps councils can take to minimise exposure using proven traffic calming measures, such as speed humps and rumble strips.
Speeding is usually seen as a policing issue for roads, not something councils directly manage. But within council-owned areas such as:
…the liability is squarely on the council.
The property owner, which is the municipality, is legally responsible if someone is hurt or a car is damaged as a result of dangerous speeds or poor signs.
Key liability risks include:
Even if a driver is clearly at fault, courts often examine whether the site design enabled the behaviour, or failed to discourage it.
Councils are required by Australian public responsibility law to ensure that people using public land are in a safe environment. This includes identifying foreseeable hazards and taking reasonable steps to mitigate them.
If a person can demonstrate that:
…then the council could be found negligent, even if the driver’s behaviour was technically unlawful.
In practical terms, this means that when a driver is speeding through a council car park and strikes a pedestrian or damages public infrastructure, the council may still be liable for compensation—unless they can prove they took steps to discourage or prevent that behaviour.
Too often, councils leave their traffic calming policies vague and reactive, implementing measures only after an incident. Here are some common gaps:
Signage without enforcement doesn’t work. Drivers ignore “10km/h” signs in car parks every day. Without speed humps or rumble bars, compliance is voluntary and rarely achieved.
Failing to separate vehicle and pedestrian areas—especially in spaces used by families, seniors, or individuals with disabilities—is a significant risk.
Steep driveways or obscured exits often contribute to reduced visibility. When speeding is added to the mix, even minor design flaws become dangerous.
Without a clear protocol for reporting and responding to near-misses or complaints, emerging risks go unaddressed until something goes wrong.
Here’s where the real damage happens—budget drain. When incidents occur on council land, costs can stack up quickly:
One speed-related injury could trigger a six-figure payout. A single-car crash into a council-owned pedestrian area could result in years of litigation and press scrutiny.
Councils that ignore traffic control in “low-speed” areas often pay the price literally—when something predictable goes wrong.
Proactively managing speed on council property isn’t just good practice, it’s a legal defence. When a council installs speed humps, rumble bars, wheel stops, or bollards, it demonstrates a duty of care.
These devices show that:
This doesn’t make a council bulletproof, but it creates a transparent chain of evidence that the council acted responsibly. It often discourages legal action or limits the scope of liability.
If you manage or oversee a council property, here’s where to start:
Walk your car parks, depot access roads, shared spaces, and community areas. Take note of speeding risks, pedestrian exposure, and driver shortcuts.
Install speed humps, rumble bars, or bollards in high-risk zones. Physical deterrents are the only proven method to reduce driver speed on private or council-owned land.
Use wheel stops, kerbing, and signage to delineate where people should walk and where vehicles must stop or slow down.
Treat every incident, big or small, as data. Use it to guide preventative measures and demonstrate your commitment to safety.
Show that you’ve made efforts to assess and respond to hazards. If a claim arises, this becomes vital evidence of your duty of care.
Too many councils upgrade their traffic safety after a legal claim or media incident. The more innovative and far less costly option is to address speeding now before an incident occurs.
At Speed Humps Australia, we offer free site assessments to councils, providing tailored advice on how to reduce liability and install proven safety infrastructure.
It’s fast, practical, and based on real-world data from hundreds of installations nationwide.
For 10 years, our focus has been on one thing: to provide one style of product and to do it well.
Our wheel stops, speed humps and rumble bars meet Australian Standards, don’t fade, and we’ve never needed to replace one.
For 10 years, our focus has been on one thing: to provide one style of product and to do it well.
Our wheel stops, speed humps and rumble bars meet Australian Standards, don’t fade, and we’ve never needed to replace one.
